The legalization of adult-use cannabis in Minnesota is set to take effect on August 1st, bringing significant changes. Among the many aspects impacted by this new law, expungements for individuals with prior marijuana convictions will be an important consideration.  Eligibility for Expungement: Under the newly passed Bill H.F. 100, individuals with petty misdemeanor and misdemeanor marijuana convictions will be eligible for automatic expungement. This provision aims to provide relief to those previously convicted for lower-level cannabis offenses. Determining Expungements: The process of ..read more

Over the last decade, online legal services have become increasingly popular across the United States. There are many online programs, websites, and services that offer DIY estate planning. Although it may be an attractive choice for some, unlike doing your taxes on your own, however, you may never know the results of your work, but your loved ones will. While online services can provide you with quick, basic wills, they cannot provide the in-depth and comprehensive estate planning that you need. There are serious negative disadvantages because the online companies cannot ask you the pertinent ..read more

To “expunge” is to “erase or remove completely.” In law, “expungement” is the process by which a record of criminal conviction is destroyed or sealed from state or federal record. An expungement order directs the court to treat the criminal conviction as if it had never occurred, essentially removing it from a defendant’s criminal record as well as, ideally, the public record. The police, FBI, immigration officers, and other public officials may still see sealed court files for certain purposes. Expungement is not forgiveness for committing a crime. That is an important clarification. Similarl ..read more

In the state of Minnesota, Driving While Impaired (DWI) is defined as driving operating, or having physical control of a motor vehicle while: Under the influence of alcohol or drugs, Knowingly under the influence of a hazardous substance that affects the body and substantially impairs driving abilities Having a blood alcohol concentration (BAC of .08% or greater) Having any amount of a Schedule I or II drug except marijuana, in the body There are four degrees of DWI charges in Minnesota, from fourth degree (misdemeanor), to first-degree (felony). The majority of first offenders are charged wit ..read more

When you’re looking for a lawyer, you are often in a vulnerable spot and looking for help. Knowing the right questions to ask your lawyer during an initial consultation can make finding the right attorney that much easier. If you are looking for a lawyer to solve a specific problem or case, you need to know how comfortable the lawyer is with cases like yours and what their strategy would be to help you solve your problem. While every case presents different details, the attorney will likely find some similarities between your specific situation and a case they have previously handled. In this ..read more

Will your business be engaging in sales of taxable goods and services? If so, you will need to collect sales tax for each qualifying item for every transaction. Why are sales tax important to consider when creating a business? Because each city has its own rate, and extra taxes can apply to certain products, while there are products that are tax-free. The fact that a tax can be higher or lower could affect your business plan. For example, could you be as competitive if your taxes are higher than your neighbor across the street in a lower tax zone? In this blog, we discuss what sales and use ta ..read more

There are advantages and disadvantages with starting a business with another person. The clear advantages are the ability to raise more capital, take on more work, have more brainstorming power, and someone who is just as passionate as you are to count on. Most people start businesses with a family member, a friend, etc., basically, someone trustworthy. You might be thinking, “If I trust this person, why do I need a Partnership Agreement with them?” That is an excellent question, and in this blog, we provide excellent answers why every partnership should always have a Partnership Agreement. Wh ..read more

So, you finally landed the job you’ve always wanted but there is a requirement you don’t quite understand: the employer wants you to sign a Non-Compete Agreement (sometimes known as a Restrictive Covenant, Covenant Not to Compete, or NCC). The most common understanding of a Non-Compete is that it prevents you from being your employer’s current and future competition. While this is true, it’s a very broad brushstroke of what a Non-Compete entails. What is a Non-Compete? While Minnesota courts generally disapprove of Non-Competes, Minnesota recognizes two types of Non-Competes: employment and sa ..read more

More than likely, you have probably signed many contracts in your life, even as a young adult. Surprising? Think about it: every time you sign up for the internet, a gym membership, go through a cell phone carrier, etc., you are likely entering into a legally binding contract. At Thooft Law, we get asked contract questions all the time – from business contracts to leases, and more. Here, we lay out the basic foundations of contract law. Bilateral and Unilateral Contracts A bilateral contract is between two or more persons with terms and conditions that were negotiated between those parties. A ..read more

Your business is booming and you are looking into hiring employees – that is a great accomplishment and you should be proud, knowing that small businesses provide 64% of the country’s jobs nationwide! In this final part of our three-part series blog, we address the most common questions regarding employees: classification, hourly versus salary, worker’s compensation, and unemployment. Employee or Independent Contractor Almost every business owner has heard that term, however, what do they mean and what kind of obligations do they bring? It is important to understand the differences so that you ..read more